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octrine

Under this concept ("archipelagic doctrine"), an archipelago shall be regarded as a single unit, so that
the waters around, between, and connecting the islands of the archipelago, irrespective of their breadth
and dimensions, form part of the internal waters of the state, and are subject to its exclusive
sovereignty.

http://www.prohealthlaw.com/2015/01/archipelagic-doctrine.html

ARCHIPELAGIC DOCTRINE
It is defined as all waters, around between and connecting different islands
belonging to the Philippine Archipelago, irrespective of their width or
dimension, are necessary appurtenances of its land territory, forming an
integral part of the national or inland waters, subject to the exclusive
sovereignty of the Philippines. It is found in the 2nd sentence of Article 1 of
the 1987 Constitution.

It emphasizes the unity of the land and waters by defining an archipelago as


group of islands surrounded by waters or a body of waters studded with
islands.

To emphasize unity, an imaginary single baseline is drawn around the


islands by joining appropriate points of the outermost islands of the
archipelago with straight lines and all islands and waters enclosed within the
baseline form part of its territory.

The main purpose of the archipelagic doctrine is to protect the territorial


interests of an archipelago, that is, the territorial integrity of the archipelago.
Without it, there would be “pockets of high seas” between some of our
islands and islets, thus foreign vessels would be able to pass through these
“pockets of seas” and would have no jurisdiction over them. Accordingly, if
we follow the old rule of international law, it is possible that between islands,
e.g. Bohol and Siquijor, due to the more than 24 mile distance between
the 2 islands, there may be high seas. Thus, foreign vessels may just enter
anytime at will, posing danger to the security of the State. However,
applying the doctrine, even these bodies of water within the baseline,
regardless of breadth, form part of the archipelago and are thus considered
as internal waters.

Following the Archipelagic Doctrine, the Spratlys Group of Islands is not part of
Philippine archipelago. It is too far to be included within the archipelagic lines
encircling the internal waters of Philippine Archipelago. However, the SGI is
part of the Philippine territory because it was discovered by a Filipino
seaman in the name of Vice‐Admiral Cloma who later renounced his claim
over it in favor of the Republic of the Philippines. Subsequently, then Pres.
Marcos issued a Presidential Decree constituting SGI as part of the
Philippine territory and sending some of our armed forces to protect
said island and maintain our sovereignty over it.

Moreover, Spratlys group of Islands is considered as part of our National


Territory. Article I of the Constitution provides: “The national territory
comprises the Philippine archipelago, x x x, and all other territories over
which the Philippines has sovereignty or jurisdiction, x x x.” The
Spratlys Group of islands falls under the second phrase “and all other
territories over which the Philippines has sovereignty or jurisdiction”. It is
part of our national territory because Philippines exercise sovereignty
(through election of public officials) over Spratlys Group of Islands.

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